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Fraud Act 2006

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9Participating in fraudulent business carried on by sole trader etc.E+W+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)A person is guilty of an offence if he is knowingly a party to the carrying on of a business to which this section applies.

(2)This section applies to a business which is carried on—

(a)by a person who is outside the reach of [F1section 993 of the Companies Act 2006]F1(offence of fraudulent trading) , and

(b)with intent to defraud creditors of any person or for any other fraudulent purpose.

(3)The following are within the reach of [F2that section]F2

(a)a company [F3(as defined in section 1(1) of the Companies Act 2006)];

(b)a person to whom that section applies (with or without adaptations or modifications) as if the person were a company;

(c)a person exempted from the application of that section.

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Fraudulent purpose” has the same meaning as in [F5that section]F5.

(6)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(7)Subsection (6)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

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Amendments (Textual)

F1Words in s. 9(2)(a) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by virtue of The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(2) (with art. 12)

F2Words in s. 9(3) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(3)(a) (with art. 12)

F5Words in s. 9(5) substituted (1.10.2007 with application as mentioned in Sch. 4 para. 111(6) of the amending S.I.) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), arts. 1(3)(a), 10(1), Sch. 4 para. 111(5) (with art. 12)

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